At the end of 2019, a viral video circulated on social media about alleged abuse by the security guard unit (“Security Guard – Satpam”) to F, a 27-year-old mental hospital patient. This incident occurred at the Soeharto Heerdjan Mental Hospital (“RSJ Soeharto Heerdjan”), in Grogol, West Jakarta. Quoted from news published in liputan6.com entitled “Fakta di Balik Kasus Satpam Aniaya Pasien RSJ Grogol,” this incident happened on Tuesday, 10 December 2019. It started when F, who was a patient at the RSJ Soeharto Heerdjan, allegedly ran away during morning exercise because he was deemed not paying hospital fees. Then a Satpam acts violently by holding F shirt. Shortly after that, two Satpam arrived with a motorbike and beat F in the stomach, and another Satpam slapped F in the face. Then F was taken to the motorbike and again abused by Satpam, then F was brought back to RSJ Soeharto Heerdjan. This incident was confirmed by the RSJ Soeharto Heerdjan, who had apologized to F’s family and promised to take action on the perpetrators and also decide to cut off cooperation with the outsourcing company that oversees Satpam at the RSJ Soeharto Heerdjan.
From the case above, this article will discuss the legal basis regarding Satpam in Indonesia.
Firstly, based on Article 3 paragraph 1 letter c of Law Number 2 of 2002 concerning The State Police of The Republic of Indonesia (“Law No. 2/2002”) states that:
“The executor of Police’s functions shall be the Police of the Republic of Indonesia assisted by:
- The Police of the special unit;
- An official of the civil service investigator; and/or
- Independent security forms.
…”
The elucidation of Article 3 paragraph 1 letter c of Law No. 2/2002 explained that:
“The term of “independent security” shall be a form of security organized based on willingness, awareness and interest of the community then it has an official acknowledgment from the State Police of the Republic of Indonesia, such as an environmental security unit and an entity that has a business in security services.
Forms of independent security have limited Police authority in terms of “territory power environment” (teritoir gebied/ruimte gebied), including residence territory, business area, and education area.
For example, an environmental security unit in the residential area, business area, and store area.
The provision of independent security shall be the responsibility of the Chief of the Indonesian National Police.”
Law No. 2/2002 only explains in general about independent security. Specific regulation on Satpam in Indonesia is made, namely Regulation of the Chief of the Indonesian National Police Number 24 of 2007 concerning Security Management Systems for Organizations, Companies, and/or Government Agencies/Institutions (“Police Chief Regulation No. 24/2007”).
In Article 1 number 6 Police Chief Regulation No. 24/2007 regulates a more precise definition of Satpam, namely:
“Security Guard Unit hereinafter referred to as Security Guard is a unit or group of guards established by an agency/business entity to carry out security in order to carry out independent security in its work environment.”
Satpam is further discussed in Article 6 to Article 51 of the Police Chief Regulation No. 24/2007. As for matters concerning the duties, functions, and roles of Satpam, it can be seen in Article 6 Police Chief Regulation No. 24/2007, as follows:
“1. The primary duties of Satpam are to maintain public order and security in the workplace includes aspects of physical security, personnel security, information security, and other technical securities.
2. The function of Satpam is to protect and secure the workplace from any security disturbances, as well as enforce the rules and regulations that apply in its work environment.
3. In conducting its duties as limited police function, Satpam shall undertake the following role:
a. Assistant element to the Head of an organization/company/government agency/institution where he works in security and order in its workplace
b. Assisting element to the State Police in public security and order, in the law enforcement, and security mindedness dan security awareness its workplace.”
Therefore, based on the applicable regulation, the sources of Satpam are from two places contained in Article 11 of the Police Chief Regulation No. 24/2007, i.e.:
“Sources of Satpam were obtained from:
a. permanent employees appointed by the Head of the organization, company and/or government agency/institution (in-house security);
b. a business entity in the field of security services (outsource).”
To be appointed as a Satpam, a Satpam candidate must meet the requirements contained in Article 12 paragraph 1 of the Police Chief Regulation No. 24/2007, i.e.:
“1. To be appointed as a Satpam, a candidate must meet the following requirements:
1. Indonesian citizens;
2. pass health and safety tests;
3. pass the psychological test;
4. never use drugs;
5. include Statement of Police Report;
6. have a minimum of high school education (high school);
7. the lowest height of 165 (one hundred sixty-five) cm for men and the lowest 160 (one hundred sixty) cm for women;
8. the lowest age is 20 (twenty) years, and the highest is 30 (thirty) years.”
In addition to meeting the above requirements, a Satpam must also have the abilities/competencies outlined in Article 13 of the Police Chief of Republic of Indonesia No. 24/2007 as follows:
“1. The capability/competency of the Satpam includes:
a. limited police force;
b. safety and security of the work environment;
c. specialized training/course in the field of Industrial Security.
2. The capability/competency of Satpam members as bearers of the functions of the Limited Police Unit as referred to in paragraph (1) letter a, is obtained through training of Satpam at Indonesian National Police Education Institutions and Safekeeping Services Business Corporation who have received permission from the Chief of the Indonesian National Police.
3. The capabilities referred to in paragraph (2) consist of 3 (three) levels of training, namely:
a. Basic training – Gada Pratama for basic skills;
b. Supervisor training – Gada Madya for intermediate abilities; and
c. Security Manager Training – Gada Utama for managerial skills.
4. The technical capabilities of safety and security of the work environment, as referred to in paragraph (1) letter b, are obtained through in-house training at the place where the Satpam assigned.
5. Specialization Training/Courses, as referred to in paragraph (1) letter c, are related to their specific field of expertise, both technical and scope, by their designation provisions.
6. The training referred to in paragraph (4) and paragraph (5) is an obligation of the institution/agency/organizer and user of Satpam..”
Based on the explanation above, it appears that there are several requirements and training to become a Satpam. From the case explained at the beginning of this article, if something happens like what the security guards did at RSJ Soeharto Heijjan, what is the form of accountability?
In Chapter IV on Relationships and Work Procedures (“RWP”) by highlighting Article 47 Police Chief Regulation No. 24/2007, there are 3 (three) sections regarding the relationship and the work procedures of Satpam, namely vertical upward, horizontal and downward vertical. Each of these sections is explained in Article 47 paragraph 1 of the Police Chief Regulation No. 24/2007 as follows:
“Relationships and Work Procedures (RWP) for Satpam are:
- vertical upward, i.e.:
- with the National Police unit, receiving directives concerning matters of legality of competence, maintenance of capability and preparedness as well as assistance and operational assistance;
- with government agencies / technical departments, receive directives on matters relating to technical guidance in accordance with their fields;
- with the association that oversees Satpam, receives directives on matters relating to professional development including welfare in the field of industrial security and advocating for legal issues that occur;
- horizontal, which is between security guards with organizational components that are parallel in the work environment and with social organizations around the work environment, with the provisions that:
- between Satpam are coordinating the exchange of information to support the implementation of their respective duties;
- with the organizational component in the work environment coordinating for the efficiency and effectiveness of activities in developing security and order;
- with the community and community organizations around the workplace are coordinated in order to create a mutually beneficial situation in the context of maintaining security and public order;
- vertical downward, i.e.:
- in organizational ties, the organization that is more up to supervise, control and assist activities and receive reports on implementation in accordance with applicable law and regulations;
- in personal bond, the higher level competence can carry out technical supervision on the implementation of the code of ethics and guidance on carrying out the tasks and taking corrective actions.”
In addition, in each work environment, RWP must be elucidated in a Standard Operating Procedure that serves as the main guideline for the implementation of security activities[1] in which there are rules regarding standard procedures and sanctions that can be given.
Based on the description above, the family of the party allegedly abused can report to the Police regarding the crime using Article 351 of the Criminal Code[2], or Satpam is reported to be sanctioned by the association or from the Safekeeping Services Business Corporation [3] that employs them.
Hope it is useful,
FREDRIK J PINAKUNARY LAW OFFICES
[1] Police Chief Regulation No. 24/2007
In every RWP work environment, it must be spelled out in the Standard Operating Procedure which is the main guideline for implementing security activities.
[2] Article 351 Indonesian Criminal Code
- Maltreatment shall be punished with a maximum imprisonment of two years and eight months or a maximum fine of three hundred rupiahs.
- If the act results in a serious physical injury, the offender shall be punished with a maximum imprisonment of five years.
- If the fact results in death, he shall be punished by a maximum imprisonment of seven years.
- With maltreatment shall be identified intentional injury to the health.
- Attempt to this crime shall not be punished.
[3] Police Chief Regulation No. 24/2007
Safekeeping Services Business Corporation, hereinafter abbreviated as SSBC, is a company in the form of a Limited Liability Company which is engaged in providing security personnel, security training, safekeeping of money/valuables goods, security consulting, applying security equipment, and providing animals for security.
